In the Matter of Elray and Jean RASH, Debtor.
ASSOCIATES COMMERCIAL CORPORATION, Appellant,
v.
Elray RASH and Jean E. Rash, Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
July 30, 1996.
July 30, 1996.
Attorney(s) appearing for the Case
Ben L. Aderholt, Raymond Jude Blackwood, Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, for appellant.
John J. Durkay, Beaumont, TX, Robert E. Barron, Nederland, TX, for appellees.
Rebecca Anne Leigh, Houston, TX, for Mercedes-Benz Credit Corp., amicus curiae.
Erin B. Shank, Dallas, TX, Pamela Arnold Bassel, Dabney Dorsett Bassel, Law, Snakard & Gambill, Fort Worth, TX, for Nationsbank Corp., Hibernia Nat. Bank and Bank of America Texas, N.A., amicus curiae.
Norma Lorraine Hammes, James Jay Gold, Gold and Hammes, San Jose, CA, for National Association of Consumer Bankruptcy Attorneys, Inc., amicus curiae.
Jan Timothy Chilton, Severson & Werson, San Francisco, CA, for American Auto. Mfrs. Ass'n, Inc., Ass'n of Intern. Auto. Mfrs., Inc., and American Financial Services Ass'n, amicus curiae.
Jane Lightfoot, Andrew Koblenz, Washington, DC, for American Auto. Mfrs. Ass'n, Inc.
John Thomas Whatley, Arlington, VA, for Association of International Automobile Manufacturers, Inc., amicus curiae.
R. Christopher Naylor, Devlin & Naylor, Houston, TX, for Toyota Motor Credit Corporation, amicus curiae.
Before POLITZ, Chief Judge, and REYNALDO G. GARZA, KING, JOLLY, DAVIS, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
KING, Circuit Judge:
A creditor appeals the district court's affirmance of the bankruptcy court's orders that fixed the amount of the creditor's secured claim and confirmed the debtors' amended Chapter 13 plan. The debtors' plan treated the creditor's secured claim under the "cram down" provision found in § 1325(a)(5)(B) of the Bankruptcy Code: the debtors would retain the collateral securing the creditor's lien — a tractor truck — and pay the creditor...
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